How to File an Injury Lawsuit in New York

If you want compensation for an injury caused by another party's negligence, you can bring a formal lawsuit.

Each personal injury case is different and it is difficult to predict with certainty how long it will take to resolve the matter.

There are a few standard landmarks in litigation that you should be aware of as the case progresses through the legal system.

The Complaint

The Complaint is the first legal document to be filed in the course of a lawsuit. It outlines your legal claims, the damages you are seeking and how the defendant(s) caused your injuries. It also includes the request to set the date of trial.

The complaint is filed in the court and served on the defendant(s). The defendants have a deadline for filing an answer or any other response. They will then deny the allegations and present their defenses. Your lawyer may also mention a counterclaim or third party defendant at this point.

Your lawyer will support his arguments by citing existing law (including laws or decisions as well as cases from the courts in which your case is being dealt with as well as cases from other jurisdictions). This helps the judge understand why you believe the defendant is responsible for your injuries.

We'll then prepare an Bill of Particulars. It is legal document that details your injuries and their total cost, including the costs of medical bills, lost wages and other financial losses. We will also prepare an application for relief that describes the amount you are seeking. The demand is dependent on the medical treatment you received and other evidence you've provided to your attorney. During the discovery phase, which makes up most of the duration of the lawsuit between us and the defendant will exchange information using a variety of legal tools, including interrogatories, requests for admissions and requests for production of documents. We can also conduct depositions of experts and doctors.

The Claim Notice

New York law has special rules that apply to municipal entities as well as other government entities. These rules contain strict deadlines for filing of a claim, as well as strict statutes of limitation in which a lawsuit may be filed. In these instances it is crucial to seek out a reputable injury lawyer.

The first step in a claim against a municipality or another government agency is to file a Notice of Claim. This document must be in written form and notarized. It clearly identifies the person making the claim, and contains enough details about the incident or accident to let the city agency know who is accountable for damages as well as losses. It also specifies the amount that the claim is filed.

The City will acknowledge receipt of the claim and assign it a claim number. An examiner from the Comptroller's Office will be assigned to investigate your claim and could request additional information from you or other sources. If you contact the city regarding your claim, you will be asked to reference your claim number and the name of the investigator assigned to your case. The examiner will determine if City is responsible for your losses, and if so, what amount you are entitled to under the law. If you and the city are unable reach an agreement then your case will be heard in court.

The Discovery Phase

The Discovery Phase is an important part of any lawsuit, since it permits you to obtain details and evidence about the other party. This can be done by a variety of methods, including through written requests (called "discovery letters") and subpoenas. The process of discovery can help you create an argument that is persuasive and help you be successful in your case.

The first step of the discovery phase is analyzing the market conditions. This is carried out by a group of experienced project managers who research the market and its competitors to determine the latest trends, the best possible solutions for your app and how to implement them efficiently.

This research also includes interviews with all stakeholders that can be a factor in the success of your project. This includes product owners, administrators, end-users and investors. The analysis of information from these sources will assist your team in determining the primary objectives of your project and define how to measure its success.

A well-executed discovery phase will save you time and money. It will limit the amount of changes needed to the final product, injury remove miscommunications and provide an official scope statement that will help your software partner determine the development process with precision. This will ensure that you don't fall victim to the traps of an undefined budget for your project and delays in launching.